Filing Personal Bankruptcy

By: Kevin Stith
Submitted: 2007-01-17 16:10:08
Print this article | Tell a friend | For publisher | Social Bookmarking
Rating:
 

Filing for Bankruptcy is always traumatic and an individual should never file as an easy way to get out of trouble. Before filing, other repayment options should be examined, like selling assets, including an extra home, boats, jewelry, etc. Bankruptcy filings stay in your credit report for as long as ten years. It could affect your chances of securing a new job, promotion, or even further credit.

When a decision to file for bankruptcy is made, ensure that your home, furniture, and other essentials are protected. All your exempt assets can be kept. Work with an attorney for straightforward cases. Bankruptcy lawyers charge a fixed fee for the entire care. Look for a lawyer who handles many such cases and has a well-managed system for forms and filing. Ask for a referral from a lawyer you trust, or look through the yellow pages. A good lawyer would handle calls and help get favorable debt-return options. Before filing for bankruptcy, the debtor would need to get a credit ""briefing"" from an approved agency. This will summarize the benefits of credit counseling. If this is not done, the bankruptcy case may be dismissed.

The first thing you need to do when you begin the filing procedure is to gather all personal financial information, including secured and unsecured debts, tax returns for the last two years, property, car titles, and other loan papers. Ask for a credit report to help you file some of the details. It is essential to file the pay stubs, called the payment advices, and last filed tax return sixty days before filing the case.

Fill out the bankruptcy forms, referred to as the schedules, describing your current financial position and financial dealings for up to two years. Under the Chapter 13 bankruptcy, a proposed repayment with the petition would have to be given. If you file under Chapter 7 bankruptcy, the charges would be $200, and for Chapter 13 bankruptcy it is $185. The case would be filed at the United States bankruptcy court.

Once the petition is filed, an immediate stay will go into effect. This means that creditors can no longer talk to or call the debtor directly, nor can they claim any property as settlement. A month after this, the trustee will call a meeting with the debtor and creditors - this is called the 341 meeting. Objections, if any, are negotiated and resolved; if there is no resolution and disputes remain, a judge will arbitrate. If there are no objections, the meeting could be over in five to ten minutes.

The total case right from the filing in to the receipt of discharge could take three to six months, which is when the debtor receives a notice from the courts. Look through websites like www.moranlaw.net/filingbankruptcy.html, www.expertlaw.com/library/bankruptcy, filing_bankruptcy.html, www.quizlaw.com. Filing for bankruptcy has been made more difficult, so be aware of all the pitfalls and procedures before you begin.

Personal Bankruptcy provides detailed information on Personal Bankruptcy, Bankruptcy Personal Loans, Filing Personal Bankruptcy, Personal Bankruptcy Advice and more. Personal Bankruptcy is affiliated with Bankrupt Houses.

Article source: Expert Articles

Most Recent Articles in Bankruptcy category

  • 10 Warning Signs You Need to File for Bankruptcy - By: Michael David
    For some bankruptcy is inevitable, but for others bankruptcy is only a option. Before taking the plunge to publicly announce to the world that you are flat broke and unable to pay your bills you should read this article.
  • How to Choose Your Bankruptcy Attorney - By: Michael David
    Choosing the right attorney to handle your bankruptcy litigations can be time consuming and overwhelmingly eventful. The new bankruptcy law mandates that debtors must get credit counseling before filing; therefore it is imperative you choose the right representation for your bankruptcy case.
  • How to Avoid Bankruptcy - By: Justin Narin
    Bankruptcy offers some people a clean slate, it is by no means an easy solution. Bankruptcy will destroy your credit and may possibly force you to sell your assets. If you want to preserve your credit, you will be much better off if you do whatever you can to avoid bankruptcy.
  • Make Filing for Bankruptcy a Last Resort - By: Lee Bell
    There are 2 main types of bankruptcy. If you can't avoid bankruptcy, determine between Chapter 7 and Chapter 13.
  • Life after bankruptcy is not so difficult - By: Jason Holmes
    "Avoid bankruptcy" is the most common phrase; we come across in our everyday life. There are several disadvantages of bankruptcy. But if you are bankrupt, it is not very difficult to swim out of the situation.
  • Achieving Financial Security in an Unreliable Economy - By: Mohan Mittal
    Financial Security is a false concept that developed in American society based on the idea that security comes from the perceived reliability of a regular or planned paycheck. Many people, believing in the commitment of their corporations to their well-being, have found themselves downsized, layed-off, outsourced, transferred, or, in some cases, even fired. The immediate reality becomes harshly apparent and sadly disappointing.
  • Bankruptcy - Is it the Last Option Only? - By: Michael Killian
    Bankruptcy is available when all other debt payment measures have failed and the unpaid debt is simply beyond the means of the consumer to repay. It is essential, then, to understand debt options prior to bankruptcy and to determine which debt repayment method is the least detrimental. Additionally it is the law of the land that you know your debt repayment options prior to bankruptcy.
  • It’s Official; We Are Now A Bankrupt Society? - By: Stephen Morgan
    The Government’s Insolvency Service claimed that 27,644 people were either made bankrupt or entered into an Individual Voluntary Arrangement (IVA) as a way to control or manage their debts in an ordered fashion.It was too early obviously to know how big a percentage of those who entered into an IVA had it failed by their manager or supervisor but it has been claimed previously that in some cases up to 50/60 percent of those entering an IVA fail to complete it in an orderly manner and therefore find themselves being made forcibly bankrupt at a later date.The other key statistic was that insolvencies were apparently 55% higher than during the comparable period this time last year and the smart money (to spoil the metaphor) is on the figure topping the 100,000 mark for the year.
  • Considerations Before Filing Bankruptcy - By: Jon Arnold
    Financial difficulties can occur in anyone’s life. When you think financial difficulties are more than you can handle, don’t let bankruptcy become your first thought. Bankruptcy should be considered as a last resort, not just the first thing that pops into your head when the going gets tough.
  • People on Benefits No Longer Eligible for an IVA - By: Diana Middleton
    The BBC has reported that people on UK state benefits will no longer be given an option of taking out an IVA to help pay off their debts.In an IVA or Individual Voluntary Arrangement people negotiate a repayment plan with their creditors with an Insolvency Practitioner acting on their behalf. Up to 80% of their debt is written off and interest on debt is frozen.